Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10087 of 2021 Petitioner :- Ravindra Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jai Shanker Malviya Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 5.8.2021 registered as Case Crime No. 659 of 2021 under Sections 120B, 420, 467, 468, 471 IPC, Police Station Civil Lines, District Moradabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.
On perusal of list of fresh cases we found that one Criminal Misc. Writ Petition No. 7421 of 2021 (Kshitij Singhal vs. State of U.P. and others) was dismissed vide order dated 21.9.2021. The aforesaid order dated 21.9.2021 is quoted as under:-
"Heard learned counsel for the petitioners and the learned A.G.A. This writ petition has been filed praying for the following reliefs:
"a) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 05.08.2021 registered as Case Crime No. 659 of 2021, U/s 420, 467, 468 and 471 I.P.C. Police Station- Civil Lines, District-Moradabad.
b) Issue a writ, order or direction in the nature of Mandamus commanding/ directing the respondents not to arrest the petitioners in pursuance of first infomration report 05.08.2021 registered as Case Crime No. 659 of 2021, U/s 420, 467, 468 and 471 I.P.C. Police Station-Civil Lines, District- Moradabad."
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon?ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
This Court has no reason to take a different view in the matter.
This writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 16.12.2021 Lalit Shukla